3
to punish those directly responsible, all to no avail. No reparations were obtained for
the damages caused.
6.
On April 4, 1989, the Commission, acting on a request for urgent action from
a "reliable source" and before receiving a formal communication from the petitioners,
motu proprio sent the Government the complaint and requested that extraordinary
measures be taken to protect the lives and personal safety of the victims. On April 5
of that same year, the Commission received the formal petition from the petitioners,
which it processed under Nº 10.319. The proceedings before the Commission were
concluded on September 25, 1992, with the approval of "final" Report Nº 31/92
ratifying Report 31/91, which included the Commission's resolution to submit the
case to the Court. The case was submitted on December 24, 1992, pursuant to
Article 51(1) of the American Convention.
II
7.
The Court has jurisdiction to hear the instant case. Colombia has been a State
Party to the Convention since July 31, 1973 and accepted the contentious jurisdiction
of the Court, as set out in Article 62 of the Convention, on June 21, 1985.
III
8.
The application to the Court was transmitted to the Government by the
Secretariat of the Court (hereinafter "the Secretariat") on January 15, 1993, after it
had been duly examined by the President of the Court (hereinafter "the President").
9.
On January 28, 1993, the Government notified the Court of the appointment
of Attorney Jaime Bernal-Cuéllar as its Agent, and Attorney Weiner Ariza-Moreno as
its Alternate Agent.
10.
By order of February 5, 1993, the President granted the Govern-ment's
request for a forty-five day extension of the time limit established by Article 29(1) of
the Rules of Procedure for filing an answer to the application in this case. On
February 16, 1993, the Court also granted the Government a fifteen day extension of
the deadline to submit its memorial on the preliminary objections.
11.
The Government interposed preliminary objections on March 2, 1993, and the
Commission responded to them on April 6 of the same year. The answer to the
application was submitted on June 2, 1993.
12.
On July 12, 1993, Judge Rafael Nieto-Navia was elected President. As the new
President is Colombian, by Order of July 13, 1993, he relinquished the presidency for
the instant case to Judge Sonia Picado-Sotela, the Vice President. Subsequently, by
Order of the President of June 22, 1994 and owing to the Vice President's
renunciation of her position as Judge of the Court, the presidency for the
consideration of this case was ceded to Judge Héctor Fix-Zamudio.
13.
On July 15, 1993, a public hearing was held for the presentation of oral
arguments on the preliminary objections interposed by the Government, and on
January 21, 1994 the Court delivered its judgment, deciding unanimously to:
1.
...
Rejects the preliminary objections interposed by the Government of Colombia.